Are Dash Cams Legal in Australia? Dash Cam Laws in Every State

If you have just fitted a dash cam, or you are about to, there is a fair chance one question is nagging at you. Are dash cams legal in Australia? It is a smart thing to ask, because nobody wants to get pinged for the very device they bought to protect themselves. The short answer is yes, but there are a couple of rules that change depending on which state or territory you drive in. This guide walks you through all of them in plain English.

First, a quick disclaimer. We are dash cam specialists, not lawyers. Everything below is general information to help you understand the lay of the land, not legal advice. Laws differ between states and they do get updated, so if you have a specific situation you are worried about, please check your state's current legislation or get proper legal advice.

Are dash cams legal in Australia? The short answer

Yes. Dash cams are legal to own and use in every Australian state and territory. There is no law anywhere in the country that bans them. Drivers use them every day for exactly the reason you probably bought yours: to have clear proof of what happened if there is a crash, a dispute or a hit and run.

Filming the road while you drive is fine right across Australia, because a public road is a public place. The two things you need to get right are where you mount the camera, and how you handle audio recording. Get those two sorted and you are on solid ground.

Rule one: mount it where it does not block your view

This rule is the same right across the country. The road rules in every state and territory require you to have a clear, unobstructed view of the road ahead. So your dash cam cannot sit smack in the middle of your line of sight.

The safe and sensible spot is up high on the windscreen, tucked in behind or right next to the rear-view mirror. From there the camera gets a clear view out the front, and you barely notice it is there. A few things to keep in mind:

Keep the camera and its cables away from your airbags, so nothing can become a projectile if an airbag goes off. Do not cover any of the sensors or cameras your car already uses for features like lane keeping or auto emergency braking. And if your dash cam has a screen, set it so it is not glowing distractingly in your face while you drive.

Pro Tip: If you are not confident about the safe, legal spot in your particular car, get it fitted by a professional. We can point you to a trusted installer near you through our find an installer page, so the camera is mounted neatly and out of your way.

Rule two: audio recording and consent

This is the part that actually changes from state to state, and it is where drivers occasionally trip up. It has nothing to do with filming the road. Video of a public road is fine everywhere. It is about recording a private conversation, which mainly matters when your dash cam has its microphone on and there are passengers in the car.

Australia has two broad approaches, and which one applies depends on where you are:

One-party consent means that if you are part of the conversation, you are allowed to record it, even if the other people do not know. Victoria, Queensland and the Northern Territory work this way.

All-party consent means everyone in the conversation has to agree to being recorded. New South Wales, Western Australia, South Australia, Tasmania and the Australian Capital Territory work this way.

In plain terms, if you are driving alone the audio is just your own voice, so there is nothing to worry about. The moment you are recording other people's private conversations, the state rule matters. The simplest fix is the one built into nearly every dash cam: you can switch the microphone off with a single tap and keep the video rolling. If you are ever unsure, turn the audio off.

Dash cam laws in every Australian state and territory

Here is the state-by-state breakdown. In every case the camera itself is legal, and the mounting rule above applies. The difference is the audio consent position and the law that sits behind it.

New South Wales (NSW)

Dash cams are legal to use in NSW. Audio recording of private conversations is governed by the Surveillance Devices Act 2007 (NSW), which is an all-party consent state. That means you should not record a private conversation without everyone's consent, unless it is reasonably necessary to protect your lawful interests. If you carry passengers, either let them know audio is on or leave the microphone off.

Victoria (VIC)

Dash cams are legal to use in Victoria. Audio is governed by the Surveillance Devices Act 1999 (VIC), which is a one-party consent state. As a participant in the conversation, you are generally allowed to record it. It is still good manners, and good sense, to let passengers know they are being recorded.

Queensland (QLD)

Dash cams are legal to use in Queensland. Audio is governed by the Invasion of Privacy Act 1971 (QLD), which is a one-party consent state. As long as you are part of the conversation, you can generally record it. Bear in mind that sharing that recording with other people is a separate matter, which we cover further down.

Western Australia (WA)

Dash cams are legal to use in WA. Audio is governed by the Surveillance Devices Act 1998 (WA), which is an all-party consent state. You should get everyone's consent before recording a private conversation. For most WA drivers, the easy path is to run video only and keep the microphone switched off.

South Australia (SA)

Dash cams are legal to use in SA. Audio is governed by the Surveillance Devices Act 2016 (SA), which is an all-party consent state. Recording a private conversation without everyone's consent is restricted, with only narrow exceptions. If in doubt, tell your passengers or turn the audio off.

Tasmania (TAS)

Dash cams are legal to use in Tasmania. Audio is governed by the Listening Devices Act 1991 (TAS), which is an all-party consent state. Everyone in a private conversation should consent before you record it, so notice or microphone-off is the way to go.

Australian Capital Territory (ACT)

Dash cams are legal to use in the ACT. Audio is governed by the Listening Devices Act 1992 (ACT), which is an all-party consent territory. Get consent from everyone in a private conversation, or simply record video without sound.

Northern Territory (NT)

Dash cams are legal to use in the NT. Audio is governed by the Surveillance Devices Act 2007 (NT), which is a one-party consent territory. As a participant, you can generally record the conversation, though letting passengers know is still the courteous approach.

Recording passengers: Uber, DiDi and rideshare drivers

If you drive for Uber, DiDi or another rideshare service, the audio rules above matter more for you than for the average driver, because you are carrying other people all day. The good news is that a dash cam is completely allowed. You just need to handle the recording side properly.

Uber's position

Uber allows dash cams, and it has a feature in the Uber Driver app where you can register your camera. Once you register it, Uber notifies your riders that a dash cam is fitted, and any rider who does not want to be recorded can cancel free of charge and take a different car without it hurting your ratings. At the time of writing, Uber's in-app dash cam registration is available in South Australia, New South Wales, Tasmania and the ACT. If you drive elsewhere you can still use a dash cam, you just handle the notice and audio yourself under your state's rules. Always check the latest guidance inside your Uber Driver app.

DiDi's position

DiDi does not publish a separate dash cam registration feature like Uber's. Its Community Guidelines are built around a set of principles, one of which is simply following the law. In practice that means DiDi expects you to use your dash cam in line with your state's rules: mount it so it does not block your view, and deal with audio consent correctly. For the official word on your situation, check inside the DiDi Driver app or with DiDi driver support, as their guidance can change.

The easy way to stay on the right side of the rules

Whatever state you drive in, a small, polite notice does the job. A sticker on the dash or the back of a headrest that says the vehicle uses audio and video recording gives your passengers clear notice, which covers you in the all-party consent states and is simply good manners in the one-party ones. Most passengers actually feel more settled seeing it, because they can tell the camera is there for everyone's protection. If you would rather not deal with audio at all, run video only. For a deeper look at the right gear, including cameras that also film the cabin, see our guide to the best dash cam for Uber and rideshare drivers and our interior dash camera range.

Can I use dash cam footage as evidence in Australia?

Yes, and this is exactly what a dash cam is for. Footage of a public road can be handed to your insurer to support a claim, and to police after an incident like a crash, a hit and run, or dangerous driving. Because the video is time-stamped and shows what actually happened, it is often the quickest way to settle a "he said, she said" dispute.

Insurers across Australia regularly accept dash cam footage, and many police forces have online portals where you can submit road incident video. Keep in mind that whether any particular piece of footage is accepted, and how much weight it carries, is always up to the insurer, police or court involved. Your job is simply to keep the clip safe and hand it over.

Pro Tip: The moment something happens, save the clip. Most dash cams lock a recording automatically when the built-in sensor feels an impact, but it is worth pressing the manual save button too, so loop recording cannot record over it later.

Privacy and sharing your footage

There is a difference between handing footage to your insurer or the police, which is what a dash cam is for, and posting it publicly. Footage that shows people or number plates can count as personal information, and the Privacy Act 1988 sets out how personal information should be handled. On top of that, in several states there are separate rules about publishing or sharing a recording of a private conversation, even in places where you were allowed to make the recording.

The takeaway is simple. Use your footage for its proper purpose. Think twice before uploading someone's face or number plate to social media to name and shame them, because that is where drivers can create problems for themselves.

Frequently asked questions

Is it illegal to have a dash cam in Australia?

No. Dash cams are legal to own and use in every state and territory. You just need to mount the camera so it does not block your view of the road, and handle audio recording according to your state's rules.

Do I legally have to tell passengers they are being recorded?

It depends on your state. In the all-party consent states (NSW, WA, SA, Tasmania and the ACT) you should have everyone's consent to record a private conversation, so giving notice matters. In the one-party consent states (Victoria, Queensland and the NT) you can generally record as a participant, but telling people is still courteous. A small recording notice sticker is the easiest way to cover it.

Is it legal to record audio in my car?

Recording your own voice when you drive alone is not an issue anywhere. Recording other people's private conversations is where the state consent rules apply. If you are unsure, switch the microphone off and keep filming video, which is legal across Australia.

Can police access my dash cam footage?

Police cannot take footage off your camera without the proper legal basis, but you are free to hand it to them, and many drivers do after a crash or an incident. Most forces have a road incident portal for uploading video. Whether it is used, and how, is up to them.

Can I post dash cam footage on social media?

Be careful here. Footage showing faces or number plates can be personal information under the Privacy Act, and some states restrict sharing recordings of private conversations. Handing footage to your insurer or police is the safe and intended use. Publicly naming and shaming someone is where the risk lives.

Where is the legal place to mount a dash cam?

High on the windscreen, behind or beside the rear-view mirror, where it does not block your view or sit in front of an airbag or a safety sensor. That placement keeps you compliant in every state and gives the camera a clear view of the road.

The bottom line

Are dash cams legal in Australia? Yes, in every state and territory. Mount the camera where it does not block your view, be mindful of audio recording in your state, and use your footage for its proper purpose. Do that and your dash cam does exactly what you bought it for, quietly and legally.

If you want a hand choosing a camera that is set up correctly for your car, or you have a question about the right way to fit one, have a chat with Michael or Harrison through our contact page. You can also browse our full range of dash cams, all genuine Australian stock and ready to go. No worries, we will get you sorted.